Whitehill et al v. Atlantic Building Systems, LLC
| Christopher Whitehill, Kim Herb, Eric Herb, Laurie Jacobs, David Jacobs, Jared Martinez, Shelly Richardson, Louis Richardson, Michael Gillis, Lily Fairchild, Deborah Harry, Joel Harry, Robert Baldauff, Shelley Baldauff, Michael J. Key, Liz Torres, Adam Macke, Schuyler Joseph Vreeman, Brandon Anderson, Jenica Anderson, Charles Gibson, Gary Vinovich, Dan Mercer, Roger S. Applewhite, Hedieh Pournik, Kurt Withers, Linete Aparicio-Chagolla and Adam Cheney |
| Atlantic Building Systems, LLC doing business as Armstrong Steel Corporation |
| 1:2022cv01118 |
| May 5, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kristen L Mix |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 18
MOTION to Compel Arbitration and Stay Proceedings by Defendant Atlantic Building Systems, LLC. (Attachments: #1 Exhibit A - Whitehill Contract, #2 Exhibit B - Herb Contract, #3 Exhibit C - Jacobs Contract, #4 Exhibit D - Martinez Contract, #5 Exhibit E - Richardson Contract, #6 Exhibit F - Gillis/Fairchild Contract, #7 Exhibit G- Harry Contract, #8 Exhibit H - Baldauff Contract, #9 Exhibit I - Key Contract, #10 Exhibit J - Torres Contract, #11 Exhibit K - Macke Contract, #12 Exhibit L - Vreeman Contract, #13 Exhibit M - Anderson Contract, #14 Exhibit N - Gibson Contract, #15 Exhibit O - Vinovich Contract, #16 Exhibit P - Mercer Contract, #17 Exhibit Q - Applewhite/Pournik Contract, #18 Exhibit R - Withers Contract, #19 Exhibit S - Aparicio-Chagolla Contract, #20 Exhibit T - Cheney Contract, #21 Exhibit U - 2/26/21 Terms and Conditions, #22 Exhibit V - 12/17/20 Terms and Conditions, #23 Exhibit W - 11/28/17 Terms and Conditions)(Decker, Michael)
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Filing 17
MINUTE ORDER by Magistrate Judge Kristen L. Mix on June 27, 2022. This matter is before the Court on Defendant Atlantic Building Systems, LLC, d/b/a Armstrong Steel Corporation ("Armstrong")'s Unopposed Motion for Extension of Time to Respond to Complaint #15 (the "Motion"). IT IS HEREBY ORDERED that the Motion #15 is GRANTED. Defendant Armstrong has up to and including July 1, 2022, to answer or otherwise respond to Plaintiff's Complaint.(csarr, )
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Filing 16
MEMORANDUM regarding #15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,,,,,,,, filed by Atlantic Building Systems, LLC. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 6/24/2022. Text Only Entry (wjmsec, )
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Filing 15
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,,,,,,,, by Defendant Atlantic Building Systems, LLC. (Attachments: #1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Extension of Time to Respond to Complaint)(Decker, Michael)
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Filing 14
SUMMONS Returned Executed by All Plaintiffs. All Defendants. (McInnes, Jack)
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Filing 13
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on May 23, 2022. Proposed Scheduling Order due 7/27/2022 Scheduling Conference set for 8/3/2022 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Order (PDF Only), #3 Magistrate Judge Consent Form) (csarr, )
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Filing 12
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 5/ 20/2022. Text Only Entry (wjmsec, )
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 5/20/2022. Text Only Entry (wjmsec, )
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Filing 10
ORDER: This matter is before the Court on Plaintiffs' Response to Order to Show Cause #9 : Based on its review of Plaintiffs' Response, the Court is satisfied it has diversity jurisdiction over this putative class action pursuant to 28 U.S.C. 1332(d)(2)(A). As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 5/20/2022. Text Only Entry (wjmsec, )
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Filing 9
RESPONSE to 8 Order,,,,,, to Show Cause by Plaintiffs Brandon Anderson, Jenica Anderson, Linete Aparicio-Chagolla, Roger S. Applewhite, Robert Baldauff, Shelley Baldauff, Adam Cheney, Lily Fairchild, Charles Gibson, Michael Gillis, Deborah Harry, Joel Harry, Eric Herb, Kim Herb, David Jacobs, Laurie Jacobs, Michael J. Key, Adam Macke, Jared Martinez, Dan Mercer, Hedieh Pournik, Louis Richardson, Shelly Richardson, Liz Torres, Gary Vinovich, Schuyler Joseph Vreeman, Christopher Whitehill, Kurt Withers. (Attachments: #1 Exhibit 1)(McInnes, Jack)
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Filing 8
DISCHARGED ORDER TO SHOW CAUSE returnable May 18, 2022. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant Atlantic Building Systems, LLC, is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiffs are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiffs' Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, they fail to establish the citizenship of every member of Defendant Atlantic Building Systems, LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by May 18, 2022, as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 5/11/2022. Text Only Entry (wjmsec, ) Modified on 5/25/2022 to discharge pursuant to 10 Order (trvo, ).
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Filing 7
SUMMONS issued by Clerk. (trvo, )
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Filing 6
SUMMONS REQUEST as to Atlantic Building Systems, LLC d/b/a Armstrong Steel Corporation by Plaintiffs Brandon Anderson, Jenica Anderson, Linete Aparicio-Chagolla, Roger S. Applewhite, Robert Baldauff, Shelley Baldauff, Adam Cheney, Lily Fairchild, Charles Gibson, Michael Gillis, Deborah Harry, Joel Harry, Eric Herb, Kim Herb, David Jacobs, Laurie Jacobs, Michael J. Key, Adam Macke, Jared Martinez, Dan Mercer, Hedieh Pournik, Louis Richardson, Shelly Richardson, Liz Torres, Gary Vinovich, Schuyler Joseph Vreeman, Christopher Whitehill, Kurt Withers. (McInnes, Jack)
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Filing 5
Administrative Notice re: #4 Summons Request. Summons submitted has incorrect caption and not issued. All plaintiffs must be listed. Please re-file a completed summons for issuance using the event Summons Request. (Text Only Entry) (trvo, )
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Filing 4
SUMMONS REQUEST as to Atlantic Building Systems, LLC d/b/a Armstrong Steel Corporation by Plaintiffs Brandon Anderson, Jenica Anderson, Linete Aparicio-Chagolla, Roger S. Applewhite, Robert Baldauff, Shelley Baldauff, Adam Cheney, Lily Fairchild, Charles Gibson, Michael Gillis, Deborah Harry, Joel Harry, Eric Herb, Kim Herb, David Jacobs, Laurie Jacobs, Michael J. Key, Adam Macke, Jared Martinez, Dan Mercer, Hedieh Pournik, Louis Richardson, Shelly Richardson, Liz Torres, Gary Vinovich, Schuyler Joseph Vreeman, Christopher Whitehill, Kurt Withers. (McInnes, Jack)
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Filing 3
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, )
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Filing 2
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, )
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Filing 1
COMPLAINT against Atlantic Building Systems, LLC (Filing fee $ 402,Receipt Number ACODC-8443035)Attorney Jack D. McInnes added to party Brandon Anderson(pty:pla), Attorney Jack D. McInnes added to party Jenica Anderson(pty:pla), Attorney Jack D. McInnes added to party Linete Aparicio-Chagolla(pty:pla), Attorney Jack D. McInnes added to party Roger S. Applewhite(pty:pla), Attorney Jack D. McInnes added to party Robert Baldauff(pty:pla), Attorney Jack D. McInnes added to party Shelley Baldauff(pty:pla), Attorney Jack D. McInnes added to party Adam Cheney(pty:pla), Attorney Jack D. McInnes added to party Lily Fairchild(pty:pla), Attorney Jack D. McInnes added to party Charles Gibson(pty:pla), Attorney Jack D. McInnes added to party Michael Gillis(pty:pla), Attorney Jack D. McInnes added to party Deborah Harry(pty:pla), Attorney Jack D. McInnes added to party Joel Harry(pty:pla), Attorney Jack D. McInnes added to party Eric Herb(pty:pla), Attorney Jack D. McInnes added to party Kim Herb(pty:pla), Attorney Jack D. McInnes added to party David Jacobs(pty:pla), Attorney Jack D. McInnes added to party Laurie Jacobs(pty:pla), Attorney Jack D. McInnes added to party Michael J. Key(pty:pla), Attorney Jack D. McInnes added to party Adam Macke(pty:pla), Attorney Jack D. McInnes added to party Jared Martinez(pty:pla), Attorney Jack D. McInnes added to party Dan Mercer(pty:pla), Attorney Jack D. McInnes added to party Hedieh Pournik(pty:pla), Attorney Jack D. McInnes added to party Louis Richardson(pty:pla), Attorney Jack D. McInnes added to party Shelly Richardson(pty:pla), Attorney Jack D. McInnes added to party Liz Torres(pty:pla), Attorney Jack D. McInnes added to party Gary Vinovich(pty:pla), Attorney Jack D. McInnes added to party Schuyler Joseph Vreeman(pty:pla), Attorney Jack D. McInnes added to party Christopher Whitehill(pty:pla), Attorney Jack D. McInnes added to party Kurt Withers(pty:pla), filed by Lily Fairchild, Jenica Anderson, David Jacobs, Hedieh Pournik, Liz Torres, Charles Gibson, Adam Macke, Jared Martinez, Gary Vinovich, Michael J. Key, Deborah Harry, Adam Cheney, Kurt Withers, Roger S. Applewhite, Laurie Jacobs, Linete Aparicio-Chagolla, Christopher Whitehill, Louis Richardson, Joel Harry, Brandon Anderson, Robert Baldauff, Shelley Baldauff, Shelly Richardson, Kim Herb, Dan Mercer, Schuyler Joseph Vreeman, Michael Gillis, Eric Herb.(McInnes, Jack)
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